§ 16.08.340. Power to arrest and prepare and issue and deliver written notice to appear.  


Latest version.
  • A.

    Those employees of the City holding the unclassified position of Manager of the Marine Bureau, Harbor Master, Superintendent of Marine Safety, and Superintendent of Marine Patrol and those employees of the City holding or temporarily performing the duties of the classified positions of Marine Safety Captain, Marine Safety Sergeant, Marine Safety Officer, Lifeguard, Marina Supervisor, Marina Agent I, Marina Agent Ii, Special Services Officer I, Special Services Officer Ii, Special Services Officer Iii, Special Services Officer Iv and Security Officer III employed in the City shall have the duty of enforcing such laws, ordinances, rules and regulations as the City Council may direct by regulation enacted pursuant to Section 16.08.970 and such tariff items as the Board of Harbor Commissioners may direct pursuant to Port of Long Beach Tariff No. 4, or any revision or replacement thereof.

    B.

    Those employees of the City holding or temporarily performing the duties of the classified noncareer positions of Special Services Officer I and Special Services Officer II shall have the duty of enforcing such laws and ordinances as the City Council may direct by regulation enacted pursuant to Section 16.08.970.

    C.

    The employees referred to in Subsections A. and B. above are authorized, pursuant to California Penal Code Section 836.5, to arrest persons and to prepare, issue, and deliver to any such arrested person a written notice to appear in court and to release such person from custody upon receiving from such person his or her written promise to appear in court for any violation or violations of any section or sections designated by the City Council in regulations enacted pursuant to Section 16.08.970.

    D.

    Nothing in this Section is intended to operate either in addition to or in contravention of Part 2, Title 3, Chapter 4.5, of the California Penal Code, which expressly designates those persons who are classified as peace officers. Further, nothing in this Section is intended to or shall operate to change or shall have the effect of changing the status of the officers and employees authorized to act pursuant to this Section from public or miscellaneous officers and employees to individual peace officers or safety members or classes of peace officers or safety members for purposes of retirement, worker's compensation or similar injury or death benefits or any other employee benefit or benefits to which said employee would not have been entitled as a public employee prior to the adoption of this Section.

(ORD-08-0014 § 8, 2008: Ord. C-7246 § 1, 1994; Ord. C-7195 § 1, 1994; Ord. C-6250 § 1, 1986; Ord. C-5956 § 2, 1983: Ord. C-5717 § 1, 1981: Ord. C-5625 § 4 (part), 1980: prior code § 7221.4)